M.R.SHAH,J. - (1.) RULE. Shri Utkarsh Sharma, learned Assistant Government Pleader waives service of notice of Rule on behalf of respondent Nos.1 to 3 and Shri Dipen Desai, learned Advocate waives service of notice of Rule on behalf of respondent Nos.4 and 5 (newly added parties). In the facts and circumstances of the case and with the consent of learned Advocates appearing for respective parties, present petition is taken up for final hearing today.
(2.) By way of this petition under Article 226 of the Constitution of India petitioners have prayed for an appropriate writ, direction and order to quash and set aside the impugned order dated 17.04.2017 passed by the Authorized Officer rejecting the representations of the petitioners against noninclusion of their names in the Preliminary Voters List for the Traders Constituency in the election of APMC, Kalavad (hereinafter referred to as "Market Committee") and consequently to direct the Authorized Officer to include their names in the final voters list of Traders Constituency for the election of Market Committee.
(3.) At the outset it is required to be noted that as inclusion and/or noninclusion of the names of the petitioners in the voters list of Traders Constituency is on interpretation of the earlier orders passed by the Division Bench of this Court in Letters Patent Appeal No.462/2014 and/or has direct bearing on the earlier decision of the Division Bench of this Court in Letters Patent Appeal No.462/2014, the learned Single Judge has referred the matter to the Division Bench either for clarification and/or for an appropriate order on merits and that is how after obtaining the order from Hon'ble The Chief Justice, the present petition is placed before this Court.;